Independent-Contractors

independent-contractors

North Carolina laws regarding independent contractors

Whether a worker is an independent contractor or an employee can depend on a number of factors as well as which government agency is looking at the worker’s classification. It is important to know how to properly classify employees in order to avoid fines, unanticipated tax payments, or, liability for injury where the employer failed to provide proper insurance coverage.

In general, an independent contractor is a worker who contracts to do work according to his or her own judgment and method, without being subject to the employer except as to the results of the work.
A worker is more likely to be classified as an independent contractor if he or she:

Is engaged in an independent business, calling, or occupation;

Is independently using special skill, knowledge, or training in the execution of the work;

Is doing a specified piece of work at a fixed price or for a lump sum or upon a quantitative basis;

Is not subject to discharge because he or she adopts one method of doing the work rather than another;

Is not in the regular employ of the other contracting party;

Is free to use such assistants as he or she may think proper;

Has full control over such assistants; and selects his own time.

A work situation doesn’t necessarily have to contain all of the above factors in order for the worker to be classified as an independent contractor. Courts and agencies will look at the particular circumstances of the working relationship. A business owner or employer who is uncertain as to how to classify a worker should seek the advice of an attorney before making important decisions regarding payroll and workers compensation insurance

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The Leon Law Firm in Greenville NC handles employment and contract law, personal injury lawsuits, automobile accidents, insurance settlements, sexual harassment complaints, job discrimination and employment contracts.
Welcome to the on-line location of my law office, designed to provide you with information about my firm, about me, and, about some of the aspects of employment law and personal injury law that may have led you to this site in the first place.

*** IMPORTANT NOTICE REGARDING THE INFORMATION CONTAINED IN THIS WEB SITE: The information contained in this web site is intended to give the reader a general understanding of the law that applies to a particular situation. However, properly analyzing most employment issues requires understanding the specific facts and circumstances that apply to that situation. The information contained in this web site is not intended to substitute for individualized legal counsel and advice from someone who is fully informed and qualified to assess the facts and circumstances of the reader’s situation.